1. Revocation of the first instance judgment.

2. The Defendant’s KRW 6,540,000 for the Plaintiff and its related costs from April 10, 2015 to October 10, 2017.

1. Facts of recognition;

A. On March 24, 2014, the Plaintiff entered into a long-term insurance contract with the Defendant under which the Defendant would pay insurance proceeds (hereinafter “instant insurance contract”) when the Defendant suffers from, or is hospitalized in, a general injury.

B. On July 18, 2014, the Defendant filed a claim against the Plaintiff for insurance proceeds by asserting that he/she suffered from the harm from the aftermath of the escape certificate of the conical signboard between the 5th and the 1th 1000,000 won, and the Plaintiff paid the Defendant the amount of KRW 540,000 of the hospitalization fee of the injury on September 17, 2014, and KRW 6 million of the general injury injury insurance amount on April 9, 2015, respectively.

C. On May 31, 2017, the defendant was placed in the branch office within the branch office of the Suwon District Prosecutors' Office.

In relation to the receipt of insurance money, as stated in the same paragraph, “The fact that the defendant is not the victim of a traffic accident, notwithstanding that it is not the victim of a traffic accident, he/she deceiving the plaintiff who is the victim, and he/she received insurance money from the plaintiff and acquired it by fraud, he/she

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination, although the defendant did not have a physical disability due to a traffic accident, he/she could deceiving the plaintiff and receive insurance proceeds from the plaintiff as if he/she suffered a physical disability due to the traffic accident. Ultimately, the above insurance proceeds that the defendant received by the defendant are acquired without any legal cause. Thus, the defendant is obligated to return to the plaintiff 6.4 million won in total of the above insurance proceeds (=5.4 million won +6 million won) and to pay to the plaintiff the amount calculated at each rate of 15% per annum as stipulated in the Civil Act from April 10, 2015 to October 27, 2017, which is obvious that the copy of the complaint of this case was delivered to the defendant from April 10, 2015 to October 27, 2017, which is clearly written due to the record that the copy of complaint of this case was delivered to the defendant.

3. Thus, the plaintiff's claim of this case is justified.